Man goes on trial in fatal shooting at Osprey bar

Michael Rice listens to opening statements in the murder trial against him at the Judge Lynn N. Silvertooth Judicial Center in Sarasota, Fla. on Tuesday, April 8, 2014. Rice is charged with first-degree murder in the May 26, 2012 shooting death of Philippe Nahon at Bentey's Resort Hotel in Osprey.

Published: Tuesday, April 8, 2014 at 3:48 p.m.

Last Modified: Tuesday, April 8, 2014 at 3:48 p.m.

SARASOTA COUNTY - No one disputes whether Michael Rice put a gun to the head of a man at a hotel's poolside bar and pulled the trigger.

Instead, the debate surrounds Rice's sanity.

The 25-year-old's mental state will be at the center of his trial this week for the first-degree murder of Philippe Nahon at Bentley's Boutique Hotel in Osprey on May 26, 2012. Rice also faces four counts of aggravated assault for allegedly threatening witnesses of the fatal shooting.

Prosecutors maintain that Rice was aware of his actions and their consequences.

His defense attorneys claim those actions were the result of Rice's insanity.

Rice, 23 at the time of the slaying, had just planned and paid for his family to vacation at Bentley's Hotel, 1660 S. Tamiami Trail. They arrived on the morning of May 26, after Rice drove overnight from South Carolina — where he worked as a dump truck driver and volunteer firefighter.

Rice went to the poolside tiki bar that afternoon, where he had a couple of drinks and spoke with the bartender.

When Nahon, 46, approached the bar about 2:45 p.m. to grab a second drink, Rice told him to sit down.

Nahon didn't.

Rice grabbed a gun from his pants, put it to Nahon's head and pulled the trigger.

The men had never met before.

Their only encounter had been that brief exchange of words at the bar.

After threatening other people at the scene, Rice ditched the gun and walked to the front of the hotel, where deputies found him when they arrived.

In opening statements Tuesday morning, attorneys laid out the evidence they plan to present during the next two weeks to jurors and Circuit Judge Frederick Mercurio.

More than a dozen of Nahon's family members were in the gallery for the proceedings.

“Michael Rice knew exactly what he was doing, and he knew that what he was doing was wrong,” Assistant State Attorney Karen Fraivillig said.

Deputies, witnesses and Rice's family will testify to the defendant's competent behavior before, during and after the shooting, she said.

Though he consumed alcohol, Rice was not visibly intoxicated. He attempted to dissuade witnesses from calling 911. He knew authorities would arrive and arrest him.

Rice allegedly told deputies at the scene that it was an intentional shooting and that he would explain it to prosecutors; he was innocent until proven guilty; he was unarmed and would not hurt anyone else; this action was directed at one person.

He was thinking clearly, Fraivillig said, adding that the slaying was premeditated.

“I'm going to kick this bag across the room,” Fraivillig said moments before she kicked a bag with her stiletto heels in front of the jury box. “That's premeditation. It just takes long enough for you to reflect. He had plenty of time to reflect before he killed Philippe Nahon.”

Assistant Public Defender Jerry Meisner argued it wasn't that simple.

“Kill him. He is a bad man. Kill him,” Meisner began. “Mr. Rice heard those commands. He heard them in a voice as loud and as real as my voice is in this courtroom. But Mr. Rice was the only one to hear those commands.”

Meisner will present several mental health experts at trial to testify that Rice experienced an auditory hallucination and that he was insane when he shot Nahon.

<p><em>SARASOTA COUNTY</em> - No one disputes whether Michael Rice put a gun to the head of a man at a hotel's poolside bar and pulled the trigger.</p><p>Instead, the debate surrounds Rice's sanity.</p><p>The 25-year-old's mental state will be at the center of his trial this week for the first-degree murder of Philippe Nahon at Bentley's Boutique Hotel in Osprey on May 26, 2012. Rice also faces four counts of aggravated assault for allegedly threatening witnesses of the fatal shooting.</p><p>Prosecutors maintain that Rice was aware of his actions and their consequences.</p><p>His defense attorneys claim those actions were the result of Rice's insanity.</p><p>Rice, 23 at the time of the slaying, had just planned and paid for his family to vacation at Bentley's Hotel, 1660 S. Tamiami Trail. They arrived on the morning of May 26, after Rice drove overnight from South Carolina — where he worked as a dump truck driver and volunteer firefighter.</p><p>Rice went to the poolside tiki bar that afternoon, where he had a couple of drinks and spoke with the bartender.</p><p>When Nahon, 46, approached the bar about 2:45 p.m. to grab a second drink, Rice told him to sit down.</p><p>Nahon didn't.</p><p>Rice grabbed a gun from his pants, put it to Nahon's head and pulled the trigger.</p><p>The men had never met before.</p><p>Their only encounter had been that brief exchange of words at the bar.</p><p>After threatening other people at the scene, Rice ditched the gun and walked to the front of the hotel, where deputies found him when they arrived.</p><p>In opening statements Tuesday morning, attorneys laid out the evidence they plan to present during the next two weeks to jurors and Circuit Judge Frederick Mercurio.</p><p>More than a dozen of Nahon's family members were in the gallery for the proceedings.</p><p>“Michael Rice knew exactly what he was doing, and he knew that what he was doing was wrong,” Assistant State Attorney Karen Fraivillig said.</p><p>Deputies, witnesses and Rice's family will testify to the defendant's competent behavior before, during and after the shooting, she said.</p><p>Though he consumed alcohol, Rice was not visibly intoxicated. He attempted to dissuade witnesses from calling 911. He knew authorities would arrive and arrest him. </p><p>Rice allegedly told deputies at the scene that it was an intentional shooting and that he would explain it to prosecutors; he was innocent until proven guilty; he was unarmed and would not hurt anyone else; this action was directed at one person.</p><p>He was thinking clearly, Fraivillig said, adding that the slaying was premeditated.</p><p>“I'm going to kick this bag across the room,” Fraivillig said moments before she kicked a bag with her stiletto heels in front of the jury box. “That's premeditation. It just takes long enough for you to reflect. He had plenty of time to reflect before he killed Philippe Nahon.”</p><p>Assistant Public Defender Jerry Meisner argued it wasn't that simple.</p><p>“Kill him. He is a bad man. Kill him,” Meisner began. “Mr. Rice heard those commands. He heard them in a voice as loud and as real as my voice is in this courtroom. But Mr. Rice was the only one to hear those commands.”</p><p>Meisner will present several mental health experts at trial to testify that Rice experienced an auditory hallucination and that he was insane when he shot Nahon.</p><p>Rice has previously been diagnosed with bipolar disorder, schizoaffective disorder and attention deficit hyperactivity disorder, Meisner said.</p><p>When he turned 18, Rice was unable to afford medication and treatment to curb his cycle of manic and depressive states, Meisner said.</p><p>On the day of the shooting, his mental illnesses were not being treated.</p><p>“As a direct result of this profound mental illness he did not know what he was doing when he harmed Mr. Nahon,” Meisner said. “This was a man in the throes of a psychotic illness.”</p><p>Jurors must weigh the evidence presented in court over the next several days and decide whether Rice is guilty of first-degree murder or not guilty by reason of insanity. </p><p>If convicted, Rice will face a life sentence: the state has not filed any intention to seek the death penalty in the case.</p><p>The 12 jury members also have the option of convicting Rice of a lesser charge, which could carry a lighter sentence.</p>